On the rights of mentally retarded persons
United Nations Declaration of December 20, 1971
The General Assembly, aware of the commitment undertaken by States - Members of the United Nations, in accordance with the Charter, to act both jointly and individually in cooperation with the Organization in order to promote higher standards of living, full employment and conditions for progress and development in the economic and social fields, reaffirming faith in human rights and fundamental freedoms, as well as in the principles of peace, dignity and the values of the human person and social justice, proclaimed in the Charter, referring to the principles Universal Declaration of Human Rights, International Covenants on Human Rights, The Declaration of the Rights of the Child and the norms of social progress already proclaimed in constitutional acts, conventions, recommendations and resolutions of the International Labour Organization, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization, the United Nations Children's Fund and other interested organizations, emphasizing that the Declaration of Social Progress and Development proclaims the need for protection of human rights, welfare and restoration of people's ability to work, persons suffering from physical and mental disabilities, taking into account the need to assist mentally retarded persons in developing their abilities in various fields of activity and to promote, as far as possible, their inclusion in the ordinary life of society, realizing that some countries at this stage of their development can make only limited efforts to this end, proclaims this Declaration on the Rights of the Mentally DisabledIt requests that measures be taken at the national and international levels to ensure that the Declaration serves as a common framework and guide for the protection of these rights: 1. A mentally retarded person has, to the maximum extent practicable, the same rights as other people. 2. A mentally retarded person has the right to adequate medical care and treatment, as well as the right to education, training, rehabilitation and patronage, which will allow him to develop his abilities and maximize his opportunities. 3. A mentally retarded person has the right to material security and to a satisfactory standard of living. They have the right to work productively or engage in any other useful activity to the fullest extent of their capabilities. 4. Whenever possible, a mentally retarded person should live with his family or foster parents and participate in various forms of social life. The families of such persons should receive assistance. If it is necessary to place such a person in a special institution, it is necessary to make sure that the new environment and living conditions differ as little as possible from the conditions of ordinary life. 5. A mentally retarded person has the right to use the qualified services of a guardian in cases where it is necessary to protect his personal well-being and interests. 6. A mentally retarded person has the right to be protected from exploitation, abuse and humiliating treatment. In the case of prosecution in connection with an act, they must have the right to the proper exercise of legality, fully taking into account the degree of mental development. 7. If, due to the serious nature of the disability, a mentally retarded person is unable to properly exercise all of his rights, or if it becomes necessary to restrict or revoke some or all of these rights, the procedure used for such restriction or revocation should provide appropriate legal safeguards against any abuse. This procedure should be based on an assessment by qualified specialists of the socially useful capabilities of a mentally retarded person, as well as provide for periodic review and the right to appeal to higher authorities.
President
Republic of Kazakhstan
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